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Articles Posted in Labor and Employment Law

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Chancery Division in Bergen County Issues Important New Jersey Employment Law Decision on Appeals of Tenure Arbitration Awards by Teaching Staff Members

The Chancery Division of New Jersey’s Superior Court recently issued a public employment law decision in the case of Petrella v. The Hackensack Board of Education which is important for New Jersey teaching staff members because it examined the grounds for overturning an arbitration decision on tenure charges under the…

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Effect of Criminal Charges and Disposition on New Jersey Public Employees

New Jersey employment law provides that government employees may be fired for conviction of a crime, and for many crimes they must be fired.  However, if they are exonerated they may be reinstated to their position.  They may be subject to further discipline, but if they are not they may…

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United States Supreme Court Holds that Federal Employment Law Bans Discrimination Against LGBT Employees – Just as New Jersey’s Law Against Discrimination Already Does

In a landmark decision, the United States Supreme Court has ruled that discrimination because of a person’s sexual orientation or gender identity constitutes illegal sex discrimination in Violation of Title VII of the Civil Rights Act of 1964.  This ruling applies nationwide, and means that employers may not fire, demote,…

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New Jersey Supreme Court Issues Important Decision on Ability of Union to Bargain Away Benefits of Public Employees

The New Jersey Supreme Court recently issued an important employment law decision in the case of  Barila v. Board of Education of Cliffside Park regarding the ability of unions to bargain away employee benefits enjoyed under prior contracts. Benefits, such as time off, are terms and conditions of employment which…

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New Jersey Civil Service Layoffs Rights

In the tough economic times brought on by COVID-19, many governors and mayors, including New Jersey’s Governor Murphy, have said that widespread layoffs may be necessary if federal assistance is not forthcoming.  Our attorneys represent New Jersey Civil Service employees, and we see the struggles they are facing.  Given this,…

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Ensuring Maximum Forgiveness on Paycheck Protection Program (PPP) Funds Under the CARES Act

As a result of the Novel Coronavirus (“COVID-19”), the federal government has passed significant legislation in an attempt to provide relief to businesses struggling with economic hardships as a result of widespread closures and stay-at-home orders.  One major part of these governmental actions includes the passage of the Coronavirus Aid,…

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Six Steps for Filing for Unemployment Insurance Benefits in New Jersey

In the time of the Coronavirus (COVID19), many people are concerned about the likelihood of needing to file for unemployment benefits in New Jersey in the near future. Certainly, many people will be in need of New Jersey State assistance in 2020 and beyond as a result of the coronavirus…

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New Jersey Civil Service Commission List Bypass Appeals

Hello. This is Robert Chewning from McLaughlin & Nardi.  I am here today to talk about Civil Service Commission appeals, specifically list bypass appeals. List bypass appeals come into play when an individual is bypassed on a list for promotions to a higher civil service position than they already had. …

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New Jersey Civil Service Testing and Examination Appeals

The key to New Jersey Civil Service hiring and promotion is the examination.  The State Constitution and New Jersey Civil Service Act require merit-based appointments based, whenever possible, on examinations. Announcements.  The New Jersey Civil Service Commission is responsible for administrating examinations which fairly test applicants’ knowledge, skills and abilities…

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Civil Service Disciplinary Procedures at the Employer Level

Because the purpose of the New Jersey Civil Service System is to remove politics, nepotism and favoritism from the hiring and disciplinary processes to ensure that employment decisions are based on merit and fitness, just cause must be found for imposing discipline.  And because the employer is the government, all…

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